OHTA.ca

Keep hearing about the right to amend a speeding ticket UP by the prosecution if you request a trial and the ticket was reduced from the original alleged speed, when the ticket was issued.

Has anyone really ever had/seen this done.

Every time I have heard this threat, it seems a deal is reached prior to actual trial and the defendant pleads guilty to the ticket or another reduction is allowed to amend the ticket even further down for plea of guilty. Courts seem to be just paper processors these days with those in attendance for a trial accepting a plea and nothing goes to trial despite the officers, crown attorneys, paralegals, lawyers and JP's all in attendance.

Comments?

Amending up happens ALL the time. Its not just a threat. The reason most of the cases end up resolved is because the defendant generally realizes it will cost them A LOT more if they lose and either pay the fine before court starts or plead guilty. Once they do the math, defendants generally want to resolve it quickly before the prosecutor gets the chance to amend up! After all, the moment the matter is addressed in court, the applicable fine rate is now the 'statutory' one; not the 'set fine' rate. So, that in itself leads to a higher fine.

Usually the defendant has already gotten quite a good reduction (e.g. 49 over instead of stunt driving) so they know they are risking quite a bit if they proceed to trial. They are simply being greedy if they think they are going to get another deduction from the prosecutor. So, think about it---why would a prosecutor give them a discount when they have already spent court time, spent the officer's time, etc. Quite the opposite, most prosecutors love the opportunity to 'amend up'; its an easy way to get more out of defendants; especially on easy cases to prove like speeding charges.

So, don't fool yourself in to thinking that prosecutors are just bluffing----its as simple as notifying the defendant they'll be amending up and then requesting the amendment in court. There's no extra paper work for them. It doesn't require more than 20 seconds of extra work for the prosecutors and the money collected can sometimes be double!

I have seen it twice Once a red light collision. A witness in court put her on the phone at the time of running the light that was the cause of the collision. The fine went from 385 to 1000.

The second was a fail to pull over for emergency vehicles. In this case the husband and wife submitted 100% identical written statements. There fines also went to $1000.

OPS

There is nothing preventing the Prosecution from doing this. I see it regularly in my area. Yet another reason I don't reduce tickets.